Commonwealth v. Fleming
Supreme Court of Pennsylvania
Appeal, No. 162, Oct. T., 1893, by Commonwealth, to use of Caroline E. Porter, administratrix of John J. Porter, deceased, from order of C. P. Beaver Co., March T., 1893, No. 339, discharging rule for judgment for want of sufficient affidavit of defence, in favor of defendants, J. Kidd Fleming, Cochran Fleming and M. S. Quay. Rule for judgment for want of sufficient affidavit of defence. Rule discharged. Before Wickham, P. J. Error assigned was discharge of rule.
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Appeal, No. 162, Oct. T., 1893, by Commonwealth, to use of Caroline E. Porter, administratrix of John J. Porter, deceased, from order of C. P. Beaver Co., March T., 1893, No. 339, discharging rule for judgment for want of sufficient affidavit of defence, in favor of defendants, J. Kidd Fleming, Cochran Fleming and M. S. Quay. Rule for judgment for want of sufficient affidavit of defence. Rule discharged. Before Wickham, P. J. Error assigned was discharge of rule. In the Supreme Court the appellee moved to quash the appeal on the ground that the record showed that no exception was taken…
1Opinion of the Court
Per. Curiam,
It appears by the record that when the rule for judgment, in this case, was discharged, counsel for both parties were in court, and left without taking any exception to the ruling ox-asking the court to seal a bill. The learned president of the court certifies that after adjournment of court counsel for plaintiff called on him at chambers and requested him to seal a bill of exceptions, which, for reasons stated, he declined to do. He further certifies that no exception has ever been filed by permission of the court or the judge thereof.
As was said in Building and Loan Association…
2Cases cited1 opinion
- Titusville Building & Loan Ass'n v. McCombsSupreme Court of Pennsylvania · 1880
3Cited by2 opinions
- International Savings & Trust Co. v. PrintzSuperior Court of Pennsylvania · 1908
- Monongahela Natural Gas Co. v. Ellwood Natural Gas & Oil Co.Superior Court of Pennsylvania · 1910